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Plant a Seed, Get Sued?

Friar_MJK writes "Now even traditionally non-tech-savvy farmers are getting the rap for piracy. This isn't your grandma's p2p filesharing, but rather replanting bio-engineered seeds. Somehow the powers-that-be got the idea that replanting seeds grown from your own soil is a crime. A company called Monsanto sells those specially engineered seeds, and according to their license agreements, they make it illegal to replant the seeds harvested from a previous crop. To enforce this, they have brought many hard-working farmers to court and even thrown some in jail. According to the story, the company has not lost a case yet." We've had a couple of stories about Monsanto suing a Canadian farmer, but there hasn't been a lot of U.S. press devoted to the issue.

15 of 732 comments (clear)

  1. Mother Nature Brought up on Charges by ackthpt · · Score: 5, Funny
    Somehow the powers-that-be got the idea that replanting seeds grown from your own soil is a crime.

    "I swear, it looked like one of mine", exclaimed Ms. Nature, while being being booked. Several scattered, unharvested seed from a bio-engineered crop sprouted this Spring and the Monsanto Seed Police were right on top of it.

    Unrelated to this incident, Peter Rabbit was charged with Intellectual Property theft, after taking a bio-engineered cabbage from Farmer McGregor's garden. "It sure looked good, all big and green, but it tasted like wood pulp", stated the incarcerated rabbit.

    In other news, to show it's kind heart, Monsanto was offering assistance to Tsunami victims. "As long as they don't try replanting our seed", said an anonymous source within the company.

    --

    A feeling of having made the same mistake before: Deja Foobar
  2. Why they're really suing... by Anonymous Coward · · Score: 5, Funny

    The company selling the seeds is really just upset because someone defeated the copy protection. I hear holding down the shift key on the tractor whilst sowing the seeds works.

  3. Wha...? by Reality+Master+101 · · Score: 5, Insightful
    A company called Monsanto sells those specially engineered seeds, and according to their license agreements, they make it illegal to replant the seeds harvested from a previous crop.

    OK, farmer entered into an agreement with Monsanto, got it.

    Somehow the powers-that-be got the idea that replanting seeds grown from your own soil is a crime.

    No, somehow the powers-that-be got the idea that contracts are legally binding instruments.

    What's the story here?

    --
    Sometimes it's best to just let stupid people be stupid.
    1. Re:Wha...? by Anonymous Coward · · Score: 5, Insightful

      That intellectual "property" law applied to genetics is unjust and wrong. Contracts may be legally binding, but if slavery were legal and a legally binding contract transferred ownership of a slave, it still wouldn't be right to consider the slave "owned", as opposed to legal. Similary, here genetic code in the abstract is being considered "owned" by the law. This is wrong as far as I'm concerned, just as claiming ownership over applied discrete mathematics == software is just wrong.

      People, particularly americans, often confuse what is legal/illegal and what is right/wrong. Please don't.

    2. Re:Wha...? by bentcd · · Score: 5, Funny

      Mother Nature's code was, is, and will be GPL.

      No, it's BSD, which is why there is a problem. :-)

      --
      sigs are hazardous to your health
  4. Interesting. by jago25_98 · · Score: 5, Funny



    I may apply this to my daughter.

  5. why people hate corporate America by frovingslosh · · Score: 5, Informative
    There are two absurd situations here:

    First of all, many people maintain that they never used Monsanto seeds. Their plants were very likely cross polinated by Monsanto crops growing nearby. And yet Monsanto is sueing them. Insane.

    Second of all, I buy large bags of seed to feed to wild animals all of the time. There is nothing explicit or implicit in my purchase of these seeds that agrees that I will not replant the corn. However, if I were to plant this corn and it so happened to contain Monsanto seed (which I realistically have no way of knowing) how could I be legally lible to Monsanto, who I have had no dealing with? A the very least Monsanto should require that corn produced with their seeds be properly labeled so this does not happen, but instead of requiring it by contract to the farmers that they supply, they have agressive fought the labeling of corn produced by their seed.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  6. Re:Quick, act surprised! by Steeltoe · · Score: 5, Insightful

    Your talk is really troubling..

    You talk like Monsanto can allow and disallow anything with their product.

    Imagine that extending to every product in the world. Every Single Thing That "You" Own..

    Either you're just a troll, or 200% clueless..

    Controlling seeds and how other people use "your" product, just to create a higher profit, is unnatural, is not "Right" (whatever that means) and should not be allowed in law and ethics at all.

    Monsanto does not have a right for profit, or maximum profit. It's just a company. Never forget that.

    Why should seeds be burned just because a company sets arbitrary limits to its customers? Why should we tolerate to be held ransom to large international companies? We're talking about Life itself here.

    My only rational conclusion must be that I have fed a troll. Nobody can be this stupid and cynical.

  7. Re:Old news by flossie · · Score: 5, Insightful
    What does Genetic Modification have to do with BSE?

    When the BSE story first broke, the UK government tried to convince the British public that British beef was safe (there is wonderful video footage of the environment minister of the time (John Gummer) publically feeding his daughter a beef burger - but she refused to eat it!). Anyway, the whole sorry saga led to two things. Firstly, the British people stopped trusting the government when they said that things were safe. Secondly, people became a lot more aware of what they were eating and sensitive to production methods. Remember, BSE came about because of greedy farmers, with the encouragement of the Thatcher government, feeding dead cows (meat) to living cows (herbivores).

    So, sensitised to farming methods, the British public questioned the wisdom of genetically modifying food. Most of the concern was centred around the impossibility of undoing any genetic pollution that would result. The UK government (Blair in particular) have tried to tell everyone that GM is safe - but thanks to BSE, no-one believes them.

    Our government has passed laws making GM crops legal, but fortunately, there has been such a strong anti-GM movement here, that supermarkets don't dare stock GM food. Since BSE, the British public have become slightly more aware of the way that food is produced.

    This means that there is no profit to be made from GM crops and so no companies are even bothering to apply for licenses to grow them.

  8. Great defense? by ForThePeople · · Score: 5, Interesting

    So, if these plants are property of Monsanto, and they happen to start growing on my land with no help from me...

    I can charge them with tresspassing...
    or maybe illegal dumping???

    What you people think?

    --
    To make laws that man cannot, and will not obey, serves to bring all law into contempt. --E.C. Stanton
    1. Re:Great defense? by Anonymous Coward · · Score: 5, Informative

      No, you're pretty much totally wrong. Good Job.
      http://www.commonground.ca/iss/0401150/percy_schme iser.shtml

  9. Nobody else here understands plants so.... by smiggly · · Score: 5, Informative

    First off, virtually all corn planted in the US is hybred. That means the seeds have to be grown in dedicated fields with the two types of parent corn planted next to eachother, and workers go out and pull all the tasels off the 'female' plants so that they cant selfpolinate and produce only seeds with the male plants as the polinator. the male plants are then killed and the female plants are harvested at the end of the season. They are seeds for planting. The plants they grow produce far more yeild, on stronger healthier plants with less fertilizer and pesticides then any other variety that is self polinating. So farmers buy these seeds and plant them. And they get great yields. But if they were to replant the yield, they would get sickly weak, low producing plants. Nobody plants self polinated corn, only hybred. And the only fields that need to worry about contamination are the hybred fields OWNED BY THE SEED COMPANY! They plant just plant beans around them.

    Beans are different. Beans are not hybreds because its just not economical to industrially produce hybred seeds. Beans self polinate, and ONLY SELF POLINATE! Its impossible to get your beans contiminated fron your neighbor's field because they dont disperse pollen. Each flower is contained, and they are not polinated by wind, nor insects. Its impossible to have pollen contamination unless you intentionally do it. This involves getting on your knees with a tiny brush and cutting off the stamen of the mother flower and then brushing on pollen colledted from a father plant flower on the pistil of the mother flower. This single flower will then produce a pod of beans containing a grand total of 3 seeds. You can do it in a lab and it only takes a few hours per plant (1 hour per 100 seeds). But because the plants are selfpolinating, the seeds from a normal farmer's crop are all true. He could simply replant them and never pay the money that was spend to develop the plant. (thousands of tries of combinations of plants crossbreeding them in a lab for an incredible amount of work. So the seed companies require famers not to replant their patented seeds. Some may want to anyway, and like any other form of illegial copying, the companies does, and has the legal right to, prosecute the copyright infringment.

  10. Monsanto in GE bribery scam by blackhaze · · Score: 5, Interesting

    Monsanto, one of the world's largest producers of GE crops, has been ordered to pay criminal and civil charges totalling US$1.5 million for bribing an Indonesian government official and concealing the payment as consulting fees.

    More at: http://www.greenpeace.org.au/features/features_det ails.html?site_id=45&news_id=1581

  11. MOD PARENT DOWN by quetzalc0atl · · Score: 5, Informative

    i dont know who told you this, this is completely off base. roundup (glyphosate) degrades over a period of 3 months into ethylamines. many microorganisms will then turn those into CO2, not nitrogen. infact, glyphosate has been found to inhibit anaerobic nitrogen fixation in the soil.

    glyphosate is an amino acid analog designed to inhibit enzymes needed for neogenesis (the target supposedly being 5-enolpyruvyl-shikimate-3 phosphate synthase) of the plants amino acids.

    while glyphosate has not been found to be harmful to humans, the inactive ingredient surfactant (which makes up 15.0% of roundup), polyoxy-ethyleneamine, IS known to be toxic to humans and is typically contaminated with dioxanes (as a byproduct of the formation of it) which is a known human carcinogen.

  12. preventing the ecocaust by zogger · · Score: 5, Insightful

    --I have some of those "gene bank" type seeds, in a way anyway. Bought several large sealed cans of various open pollinated seeds. I keep those just packed away, and use other open pollinated for my season to season garden crops. some are many years old, lost track of when I started breeding them now.. It's a "just in case" deal, and eventually I hope to be able to build a pretty large tight greenhouse with decent air filtration and airlock styled entrys for it. Just for that purpose. Cross pollination is an extreme threat though,generally speaking, as is cross species contamination (it's happened already) and just wait until they get "terminator" gene modified seeds out on the market. They were going to do it, public outcry got them to back off just a little bit and "just do research" but it's only a matter of time now before they bribe off enough legislators to get it legal to distribute.

    I think it's one of the larger threats facing the planet. People think about nukes or terror attacks or whatnot, but I think mucking around with the planets food supply with GM products will eventually result in some rather nasty disasters. I simply *don't* trust those industries spokesmodel scientists to be anywhere nears truthful on the subject. IMO, they are simply too blinded by economic greed to seriously acknowledge the inherent dangers in what they are doing. We've seen the same arrogance and public assurances of "safe" with any number of past "new shiny and improved" products that turned out to be not so swift. Just generally speaking now, could be anything, thinking that just relocating species to brand new areas was a good idea (carp, english sparrows, kudzu, etc). Releasing chemcicals for various purposes, medications that turned out to be more harmful than good or had unintended side effects, etc that were missed in the "scientific testing".

    I am sure they are intellectually aware of it,back to these various GM modded plants, but that itch for buckets of scratch is just too strong for them to ignore. I know they are capable of creating most anything now, and I have read some amazing claims on what they can do with them, make new medicines, etc, but still...I just don't know if *they* know way down the road how things will turn out. Here's a good analogy, well, good enough for slashdot purposes. Look at software code, people can look at it and use it for awhile and it seems fine, perfectly ok, then one day someone does something just a tad different and POOF a large vulnerability is exposed. With code (in most cases), it's not that big of a deal, it just gets fixed, but with live growing things? Wind blowing pollen around, trucks hauling stuff hither and yon...it could get messy. Look at down in Louisiana now, the last batch of hurricanes brought up a nasty disease that's spreading all through the soybeans now. Stuff happens, planetary wildcards happen. I think with "food" they should go real s-l-o-w and careful. Wouldn't bother me a bit if they studied their products for decades before even teeny tiny uber controlled trials out in the open.

    As to "always be able to purchase non GM.." you should investigate what's going down in a lot of african countries and in india lately on this front. Even in Iraq, we had as thread on Iraq and farmers just a little while ago, like last month. They -monsanto they and others- are actively trying to corner "the market" there with their brands of seeds through the legislative (read:bribes) process. They are as far from playing fair as you can get. They tried to even patent a widely used Indian wheat that's been openly grown and shared around India for thousands of years, and they didn't even invent it! It's a form of wheat that lacks some markers that causes it to be not as "sticky" in baking as regular wheat, it has lower gluten content, that's where Indians get their "flat bread". Monsanto ups and patents it! Just said "ya,we own it, give us a patent" and the freekin patent office rubber stamps it! In india they are fighting it, they had to fight in in england